Commentary

124 The main remedies for breach of a shareholders’ agreement

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

124 The main remedies for breach of a shareholders’ agreement

| Commentary

(j) Remedies for breach of a shareholders’ agreement

124 The main remedies for breach of a shareholders’ agreement

There is little point in painstakingly drafting a shareholders’ agreement to protect the interests of the minority if there are no effective remedies in the event of a breach of that agreement1. A shareholders’ agreement is a contract like any other and so the main remedies for breach will be the usual contractual remedies, that is:

  1. 124.1

        damages;

  2. 124.2

        specific performance; and

  3. 124.3

        injunction.

Alternatively, or in addition, the claimant may decide that the most practical solution is to leave

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